Androscoggin & Kennebec Railroad v. Androscoggin Railroad
Supreme Judicial Court of Maine
Complaint for alleged Contempt of Court. In September, 1861, the plaintiff corporation applied to the Supreme Judicial Court, then sitting in Somerset county, Tenney, C. J., presiding, and represented that the defendants, being authorized by their charter to connect their road with that of the plaintiffs, had elected to do so, and had so connected their road, by consent of both corporations, both roads having their rails laid at the same guage of five feet and six inches…
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Complaint for alleged Contempt of Court. In September, 1861, the plaintiff corporation applied to the Supreme Judicial Court, then sitting in Somerset county, Tenney, C. J., presiding, and represented that the defendants, being authorized by their charter to connect their road with that of the plaintiffs, had elected to do so, and had so connected their road, by consent of both corporations, both roads having their rails laid at the same guage of five feet and six inches distance from each other, so that the plaintiffs’ engines and cars could readily and conveniently pass upon and be…
1Opinion of the Court
The.opinion of the Court was drawn up by
Kent, J.
The first fact to be considered, is, that the complainants filed their bill in the county of Kennebec, and that a subpoena was duly issued from the clerk of that county. The bill having been thus filed in that county,, the Court in that county had jurisdiction, and all matters, interlocutory or otherwise, in relation thereto, must be heard and determined there, except such matters as by statute or by the rules of Court may be passed upon by a Court in another county, or by a single Judge at chambers, or in vacation.
The next fact is, that, after…
2Cases cited1 opinion
- Jackson v. SmithNew York Supreme Court · 1809
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